Central Information Commission
R K Arya vs Delhi Khadi And Village Industries ... on 19 July, 2021
Author: Heeralal Samariya
Bench: Heeralal Samariya
के ीय सूचनाआयोग
Central Information Commission
बाबा गं गनाथ माग, मु िनरका
Baba Gangnath Marg, Munirka
नईिद ी, New Delhi - 110067
ि तीयअपील सं ा/ Second Appeal No.: CIC/DKVIB/A/2019/135974
R K Arya .....अपीलकता/Appellant
VERSUS
1. Public Information Officer Under RTI,
Delhi Khadi and Village Industries Board, Govt.
of NCT of Delhi, 5th Floor, Nigam Bhawan,
Kashmere Gate, Delhi-110006.
... ितवादीगण/Respondent
1. Public Information Officer Under RTI,
Department of Industries, O/o Commissioner of
Industries, 419, FIE, Patparganj, Delhi-110092.
RTI application filed on : 23.04.2019
CPIO replied on : 09.05.2019
First appeal filed on : 14.05.2019
First Appellate Authority order : 03.07.2019
Second Appeal received at CIC : 25.07.2019
Date of Hearing : 19.07.2021
Date of Decision : 19.07.2021
सू चनाआयु : ी हीरालाल साम रया
Information Commissioner: Shri Heeralal Samariya
Information sought:
The Appellant sought information is as under:-
1. The photocopies of note-sheets, wherein the proposal of creation of the post of Accounts Officer from the post of Junior Accounts officer was moved by implementing the Rules & Regulations of the Board which were neither approved by Hon'ble LG, Govt. of NCT of Delhi nor notified in the Delhi Gazette, till date.
2. The Photocopies of amended draft Regulation and note-sheets, wherein the comments/views have been expressed by Law Department and Commissioner of Industries, Govt. of NCT of Delhi, in the file titled Notification of Rules & Regulations of the Board, which have been received back in the Board, from the concerned department recently.
PIO furnished reply, vide letter dated 09.05.2019, as under:
Dissatisfied with the response received from the PIO, the Appellant filed a First Appeal dated 14.05.2019.
The FAA, vide order dated 03.07.2019, held as under:
Written submission has been received from PIO, vide letter dated 14.07.2021, as under:
Grounds for Second Appeal:
The PIO has not provided information to the Appellant.
Relevant Facts emerging during Hearing:
The following were present: -
Appellant: present on phone.
Respondent: Shri Surender Kumar, Dev. Officer (DK&VIB), Delhi Khadi and Village Industries Board & Department of Industries Appellant stated that he is not satisfied with the reply of the PIO. He further requested the Commission to direct the PIO to provide him desired information sought in the instant RTI Application.
Upon Commissions instance, PIO submitted that a detailed written submission dated 14.07.2021 enumerating all the details has been submitted for the perusal of the Commission. He further affirmed that he would abide by the orders of the Commission.
Decision Commission has gone through the case records and on the basis of proceedings during hearing observes that reply provided by then PIO was incorrect and mindlessly prepared. Further, Commission remarks that the justification provided by present PIO in written submission dated 17.07.2021 is farfetched. It is expedient to mention herein that invocation of section 8(3) of the RTI Act, 2005 for non-disclosure of said information is incorrect, as said provision is a proviso to the exemption clause i.e. section 8(1) and enables disclosure of the information of records which has surpassed 20 years from the date of its creation. Commission takes grave exception of the said mindless conducts of both the PIOs and counsels them to acquaint themselves well with the provisions of the RTI Act, 2005, so that such lapses do not recur.
In view of the foregoing, Commission directs the present PIO to provide an opportunity to the Appellant to inspect available and relevant information as sought in the instant RTI Application, on a mutually decided date and time duly intimated to the Appellant telephonically and in writing within 30 days after when current lockdown is lifted and PIO rejoins the office. In case, relevant information pertains to some other Branch/Department, then PIO should procure and provide relevant documents for inspection. Copy of documents, if desired by the Appellant upon inspection should be free of cost upto 25 pages and pages beyond that provided upon payment of the prescribed fees as per RTI Rules. However, PIO shall not furnish any information which to the appellant which is exempted from disclosure under the RTI Act, 2005.
Further, to allay any subsequent apprehension of Appellant, Commission directs the PIO to file an appropriate affidavit stating that available and relevant records as sought in the RTI Application was provided to him for inspection and no material information has been withheld from disclosure. The said affidavit shall be sent by the PIO to the Commission with its copy duly endorsed to the Appellant within 30 days from the date of receipt of this order.
The appeal is disposed of accordingly.
Heeralal Samariya (हीरालाल साम रया) Information Commissioner (सूचना आयु ) Authenticated true copy (अिभ मािणत स ािपत ित) Ram Parkash Grover (राम काश ोवर) Dy. Registrar (उप-पंजीयक) 011-26180514